Background

A claimant filed a case against some defendants before the court of first instance requesting the dismissal of elections of the board of directors for a sport club. The claimant said that the election process had many faults which affected the result.

The court rejected the case against the second defendant and ruled the case should be dismissed.

The claimant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled the elections should be dismissed.

Decision

The first defendant appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had erred in the application of law and that though sport clubs was a private entity its regulations made them a public entity in some areas and so their cases should be considered by the courts of the Council of State.